Texas Service Center - NAFSA Liaison Meeting
August 29, 2005
Agenda Items:
1. Introductions of NAFSA members/staff and TSC staff
2. Update from Texas Service Center
3. NAFSA Updates/General Comments
4. General concerns
5. I-765 Issues
6. I-539 Issues
7. Employment Based Issues
1. Introductions
Laura Hammons, Jim Nesmith, Susan Salmon, Lynne Vanahill, John Robinson, Texas Service Center representatives.
2. Updates from Texas Service Center.
Please feel free to provide NAFSA members with any updates which may be appropriate for our members
At this time, there is no update.
3. Updates/General Comments
A. NAFSA members have asked us to thank you for responding to faxes and making corrections. The liaison function for student and employment cases continues to function successfully. Many times the response is that the case will be forwarded to the supervisor of the unit, and from the corrections received, that seems to be effective. There do seem to be a few data entry errors, but they are being corrected.
B. A reminder that the NAFSA Region II and Region III will host a bi-regional conference this year at the Broadmoor in Colorado Springs, Colorado. The conference is scheduled for November 9-11, 2005. We would like to have TSC representation there, if budget allows.
At this time, no representatives will be attending NAFSA Regional Conferences. TSC will look into the possibility of video conferencing.
4. General concerns
A. Are there any specific trends or problem areas, noted by TSC, which should be communicated to NAFSA membership?
New DSOs need training to be familiar with the issues.
B. In January 2005, USCIS began providing limited, direct telephone access to the Service Centers. Can USCIS clarify what kind of phone inquires are being forwarded to the Service Centers from the NCSC, enabling direct service? If a person believes they have a case which requires direct service, how should they access the Service Center? Can USCIS respond on how successful this program has been thus far?
Phone inquiries that cannot be handled by the main helpline are forwarded. If a school is unhappy, it can contact the CIPP-RR who can then contact USCIS. From CIS’s point of view, everything seems to be working okay since there have been no complaints.
C. Please advise us, once again, how you’d like us to write the checks for filing and other fees: payable to “Department of Homeland Security”? What other entity names are acceptable?
USCIS, CIS, DHS
D. How is the e-mail address working? Are the appropriate types of requests being channeled through this e-mail address?
Yes, it is working for us. People are able to send e-mails 24 hours a day.
E. Could you describe how you envision that liaison between NAFSA and the Service Centers will work once the Service Centers move to bi-specialization? We understand that the Service Centers are already planning for this change to bi-specialization in the near future.
Needs of headquarters dictates what we do.
5. I-765 Issues
A. What are the most common mistakes or problems with I-765 applications?
1. Application is not legible.
2. Be specific – ex. ROC, Taiwan
B. In liaison calls with DHS, NAFSA members have learned that they may maintain the SEVIS status of an individual who has a leave of absence from the institution, is outside of the US for less than 5 months, and plans to return at the start of the next term or session. Advisors have been instructed to update SEVIS with session dates to reflect the absence, using the current session end and next session start dates to reflect an approved leave of absence. Given this instruction, from what date will USCIS count the beginning date for the accrual of the required one-academic year, from the beginning date of the program as reflected in SEVIS or from the return of the student to the US? Will this leave of absence affect the student’s eligibility for OPT approval?
Study abroad is part of the academic study (Adjudicator's Field Manual page 9). The start date is when the student starts school. Research is treated like study abroad. Vacation is not.
C. In a February 9, 2005, NAFSA liaison call with DHS and DOS ( NGLU 2005-C) DHS provided the following guidance: graduate students who pursue research or study abroad for more than five months while they are enrolled full-time in their program do not have to have their SEVIS records terminated; the SEVIS records can remain active. DSOs are advised to register the students’ SEVIS records and note in the remarks that the student is pursuing research or study abroad. Even if the student isn’t fully enrolled, he may study abroad for up to five months. Given this information, will USCIS approve OPT for a graduate student who just returned from conducting research abroad, who was outside of the US for more than 5 months?
Same as above.
D. On occasion students will find that they must delay graduation after submitting an OPT application to the Service Center. Prior to adjudication, is there any way to change the dates of requested OPT, without canceling the current OPT application and submitting a new one? For example, might it be possible to submit a fax or email request to the Service Center to request such a change (in conjunction with changing the requested recommendation dates in SEVIS), instead of submitting a completely new application? Note: This question was asked at the 2005 NAFSA National Conference in Seattle and the response provided by the California Service Center noted that, prior to adjudication, the DSO can make any changes wanted; however, they would need to see the re-recommended dates in SEVIS. Is this response true for the Texas Service Center as well? If so, what is the recommended procedure for amending the OPT dates while the application is pending?
Prior to adjudication, DSO can request a change on an application. Also, after a withdrawal request, the DSO will receive a confirmation once the withdrawal is complete.
E. USCIS indicated at the 2005 NAFSA National Conference in Seattle that, in cases where a corrected EAD card is requested, evidence had to be obtained by the Service Center that the card was destroyed before another card could be issued, thus, requiring DSO’s to physically return the card to the Service Center. Since that time, we have heard that TSC was working on a fax process that would allow verification of the card being destroyed through the use of an affidavit, enabling you to reissue the card in a much more timely fashion. Can you comment on the status of this process?
The new process is currently in use. DHS will send the DSO an affidavit that the DSO can fax back, proving that the card has been destroyed. At that time, the correction will be made, and a new card will be produced.
F. a. TSC recently told a DSO that, a student applying for 9 months of Optional Practical Training following completion of coursework, but prior to completion of all requirements for the degree, has to apply for the complete 12 months at the time of initial application or lose the remaining 3 months. TSC noted that the student does not have the option to preserve 3 months for after graduation. When questioned, it was explained that, if a student applies for any OPT after completion coursework, but prior to completion of all requirements for the degree; the student cannot apply for any OPT after completion of degree. Is this correct?
Regulations allow students 12 months of OPT that must be completed within 14 month of receiving an EAD card.
F. b. TSC further stated that the OPT must be completed within 14 months of completion of study. NAFSA agrees that the regulations require a student to complete OPT within 14 months of completion of study, but believes that completion of study includes completion of the thesis/dissertation, not just completion of coursework. Does TSC agree?
TSC will follow up.
F. c. On another note, the DSO was told that OPT could be granted post-completion of degree, but only if no OPT had been previously used after completion of required course work. Can you please explain this interpretation and comment if other service centers/SEVIS are under the same interpretation?
No answer at this time.
G. What is the recommended procedure for reporting a change of address for a pending OPT application?
The DSO should update SEVIS (F17), send an AR-11, and send a NAFSA inquiry. P.O. Boxes can receive EAD cards.
According to a NAFSA liaison, once the DSO changes SEVIS, he/she doesn’t need to fill out AR-11? CIS will look into.
H. With the upgrade to SEVIS. 5.0, DSOs are required to select a check box to note that a student has completed the required one academic year for eligibility for OPT. If the DSO, fails to check this box in error and submits the application without realizing the error, what action will TSC take (deny the application, submit an RFE, etc.)?
TSC cannot see and will never know.
I. NAFSA recently became aware of notice issued by the Texas Service Center, signed by Acting Director Lisa Kehl, on June 7, 2005, regarding the revocation of OPT for an applicant whose completion date had been delayed. In the notice TSC states “An application for Employment Authorization can be withdrawn at any time before it is approved. After the application is approved, it can be canceled at anytime before the start date of OPT. After the start date of OPT, the application cannot be withdrawn or canceled”. NAFSA would like have further instructions for members regarding the process of canceling OPT after issuance, but before the start date of the OPT.
This process follows the EAD card process.
6. I-539 Issues
A. Is there any advice or requests you would like to share that will help you receive better change of status applications from our students (i.e., change to F-1), scholars (i.e., change to J-1) and their dependents (i.e., change to F-2, J-2, H-4, etc)?
If student is changing to a J visa, the student should apply for a COS with plenty of time. CIS cannot adjudicate a change of status is the student is out of status.
B. Would you agree that a student whose application to change status from F-2 to F-1 is not approved in time to begin the current semester maintains lawful status as long as the student enrolls full-time in the next available, regular semester following the actual approval? (By regular, we mean Fall or Spring semester, rather than a summer or winter session that students are not normally required to attend.)
There is no official policy on this. There is a grace period until semester begins, but the student will not receive any benefits.
7. Employment Based Issues
A. Many members have noticed recently that I-485 approval notices no longer direct the beneficiary to the local district office but simply state that the resident alien card will be mailed to the individual. Under what situation will such an approval notice be sent as opposed to an approval notice directing the individual to the local district office?
TSC will follow up.
B. Can the beneficiary of such an approval notice still go to the local district office to obtain the “Processed for I-551” stamp?
TSC will follow up.